Application for accident benefits dismissed; applicant failed to prove impairments warranting removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied benefits beyond the $3,500 Minor Injury Guideline (MIG) limit.
The applicant argued that her physical injuries, pre-existing alopecia, psychological impairments, and chronic pain warranted removal from the MIG.
The Tribunal found that the applicant's physical injuries were uncomplicated soft-tissue injuries.
The Tribunal preferred the respondent's medical evidence, noting that the applicant's psychological and chronic pain diagnoses were not supported by her family physician's clinical notes and records, and that her experts failed to review fulsome medical documentation.
The application was dismissed, and the disputed treatment plans were found not payable.
OLATOntario Licence Appeal TribunalOct 11, 2023
